So In otherwords ..If someone sues you because Loudcash filled their computer with garbage you are on your own..
That's not what that says.
What it says is that you will not hold Loudcash liable for things that result from
your malfeasance, breach of warranty made under the Agreement, etc.
As for legislation that is merely sitting in committee:
http://thomas.loc.gov/cgi-bin/query/z?c108:H.R.4661:
I can't see how it would apply to most of what is commonly called 'spyware' in the sense of stuff that watches what you do and serves ads, since what is required, and again, this is not even a law yet, is:
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`(a) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer,
and intentionally uses that program or code in furtherance of another Federal criminal offense shall be fined under this title or imprisoned 5 years, or both.
`(b) Whoever intentionally accesses a protected computer without authorization, or exceeds authorized access to a protected computer, by causing a computer program or code to be copied onto the protected computer, and by means of that program or code--
`(1) intentionally obtains, or transmits to another, personal information
with the intent to defraud or injure a person or cause damage to a protected computer; or
`(2)
intentionally impairs the security protection of the protected computer;
shall be fined under this title or imprisoned not more than 2 years, or both.
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You have to have an actual intent to do the things I've highlighted in bold. If your intent is to serve ads and collect PPC revenue, then how on earth would that be intending to defraud, intending to injure, intending to cause damage, or intending to impair security protection?
As far as the question, "Is Loudcash legal?" goes - I can't quite interpret what the question is driving out.
Is selling Microsoft software legal? Yes. Does Microsoft software do anything illegal? I have no idea. There is 128 bit encryption products in there which can't be exported.... They've been accused of anti-trust violations, patent infringement, gosh all sorts of things.
Does Loudcash software scour people's computers for credit card numbers and send them to some kid in Russia? I don't know.